CASE: PERM Labor Certification    
EMPLOYER: Children’s Mental Health and Child Welfare Agency
BENEFICIARY: Taiwanese Outpatient Services Clinician
LOCATION: Columbus, OH

Our client is a comprehensive children’s mental health and child welfare agency which was willing to petition for an Outpatient Services Clinician position for a second-preference petition (I-140).  Our client’s employee has a master’s degree in Social Administration and is currently working for them under H-1B status. After talking to our client, our firm concluded that this employer can petition her as an Outpatient Services Clinician.  Second preference petitions for Taiwanese people are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s prospective employee’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us on November 2, 2016.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On November 8, 2016, the prevailing wage request was filed.  After we obtained determined prevailing wage, our office filed the job order on February 16, 2017.  On July 14, 2017, we promptly filed PERM.  Eventually, on December 4, 2017, the PERM Labor Certification was approved – an EB2 position for the Taiwanese beneficiary. Now our client can file the I-140 petition.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from China who came to the U.S. on a B-2 visitor’s visa in March 2017. In July 2017, our client married her current U.S. citizen husband.  After their marriage, she retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 14, 2017.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office as well. On November 29, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

{ 0 comments }

CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Malian
LOCATION: Cleveland, OH

Our client is from Mali who came to the U.S. on an F-1 Student Visa in August 2010 to study. Our client currently resides in the greater Cleveland area with his current U.S. Citizen wife. They were married in January 2015, and retained our office on January 6, 2016 for representation of at the Cleveland Immigration Court. Our client’s wife filed an I-130 Petition for our client with their former immigration lawyer in February 2015.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 26, 2016 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did the pleading and sought for adjustment of status relief upon the approval of the I-130 petition.

Our client’s I-130 interview was scheduled on June 21, 2016 at the Cleveland USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted two hours, but the I-130 petition was eventually approved on August 25, 2016.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on January 5, 2017.  

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on February 2, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On November 28, 2017, our client was interviewed at the Cleveland, OH USCIS. Attorney Sung Hee (Glen) Yu accompanied our clients as well.  After the interview, his I-485 application was approved.  Now, our client became a green card holder.

{ 0 comments }

CASE: I-140 (EB-3)
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Ohio

Our client is a former Taekwondo athlete, who currently studies in the United States. He has a Taekwondo school which was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 27, 2016.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 6, 2017, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 29, 2017.  On July 18, 2017, we promptly filed PERM.  Eventually, on November 1, 2017, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on November 13, 2017 via premium processing service. Eventually, on November 21, 2017, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.

{ 0 comments }

CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Child Care Center in Cleveland, OH

BENEFICIARY: Chinese

LOCATION: Cleveland, OH

Our client is a Chinese company which has its US subsidiary in the greater Cleveland area.  In 2016, our client acquired a child development center which offered child care services to children from the age of 6 weeks to 12 years old. They contacted our office in the middle of August 2017 to seek legal assistance for a possible L-1A extension for their employee. He came from China in 2016 with his L-1A visa to work as a General Manager. In September 2017, he successfully extended his L-1A status through our legal assistance.

He contacted our firm again in October 2017 and retained us to respond to a Request for Evidence for his I-140 EB1C petition, which was originally filed by a different attorney. In 2016, his current employer filed this I-140 petition under the EB1C category, but the USCIS issued a Request for Evidence. He wanted us to handle his case and retained our office on October 5, 2017.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year.  Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

The RFE letter thoroughly requested our client to demonstrate the qualifying relationship between the parent company in China and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organization chart.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in China.  The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy the business registration certificate, a copy of the tax records, etc.  Our office filed the Response to RFE on November 3, 2017 with 39 exhibits (A to MM). Eventually, on November 15, 2017, the I-140 petition was approved.  Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Filipino
LOCATION: Cleveland, OH

Our client contacted us in July 2016 to seek legal representation for his naturalization application. He came to the United States from the Philippines and obtained his green card through a family petition in 2009. He retained our office for his naturalization application on July 16, 2016. He had a lot of trips totaling almost two and a half years out of the past five years. He also had a trip that lasted between six months and one year.

His N-400 application was filed on July 20, 2017 with all necessary supporting documents. We included a brief to rebut the presumption of discontinuation of his residency due to his “over six month” trip.

Our office prepared him for his interview. Our client appeared at his naturalization interview on October 19, 2017 at the Cleveland USCIS Field Office. Attorney JP Sarmiento accompanied our client as well.  Our client answered all questions correctly and passed his citizenship interview. His N-400 was approved on November 9, 2017. His oath taking is scheduled where he will become a U.S. Citizen.

{ 0 comments }

CASE: I-485 Adjustment of Status / National Interest Waiver

CLIENT: Korean

LOCATION: Akron Ohio

Our client contacted us in June 2015 about the possibility of doing a National Interest Waiver. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of polymer engineering.

Our client is an extraordinary researcher and engineer in the field of polymer engineering; specifically, the development of specialty polymer composites and dispersion technology of nano-particles/pigments. His significant contributions have placed him at the pinnacle of his field. His expertise is in the fields of chemical and materials science research. Throughout his research career, he has discovered new ways to synthesize polystyrene/silica composite particles which was highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications. (When we filed this case, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was not issued yet. Thus, we still filed our client’s NIW under NYSDOT standard.)

Our office prepared a 20-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, patents, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 22, 2016. Eventually, on April 28, 2017, the USCIS approved his I-140 petition without any Requests for Evidence.  Our office filed his I-485 application along with his I-140 petition concurrently. On November 16, 2017, the USCIS approved his I-485 application as well. Now, he is a green card holder.

{ 0 comments }

CASE: PERM Labor Certification    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese
LOCATION: Ohio

Our client is a Chinese restaurant in Ohio. They do have a prospective employee from China and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on September 29, 2016.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On October 6, 2016, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on January 24, 2017.  On June 9, 2017, we promptly filed PERM.  Eventually, on October 25, 2017, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. Now our client can file the I-140 petition.

{ 0 comments }

CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Cleveland, OH; Beneficiary: China

IV APPROVED: October 30, 2017

Our client retained us to bring her mother over from China. She was born and raised in China, but was naturalized in the United States. She retained our office in December 2014, and our office prepared and filed the I-130 petition for her mother on December 5, 2014. This I-130 Petition was approved by the USCIS on April 7, 2015. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her mother over to the United States.

On May 11, 2016, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate General in Guangzhou, China, and we prepared her for her interview.  She did her interview in July 2016, but her case was remained pending until October 2017. On October 30, 2017, she did appear at her second immigrant visa interview.  Eventually, on October 30, 2017, the U.S. Consulate General in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.

{ 0 comments }

CASE: PERM Labor Certification    
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Ohio

Our client is a former Taekwondo athlete who currently studies in the United States. He has a Taekwondo school who was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 27, 2016.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 6, 2017, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 29, 2017.  On July 18, 2017, we promptly filed PERM.  Eventually, on November 1, 2017, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Now our client can file the I-140 petition.

{ 0 comments }